Asset & Debt Division Attorney in California

Community Property Division in California Divorce

When parties separate as the result of a divorce or legal separation, California courts must divide marital property and assign responsibility for marital debts. California is a community property state — under Family Code §760, any property acquired during the marriage is generally presumed to be community property subject to equal division.

Property that may be subject to division includes real estate, bank accounts, investment accounts, retirement accounts, business interests, vehicles, personal property, and debts — including mortgages, credit card balances, student loans, and other liabilities incurred during the marriage.

Community vs. Separate Property

The characterization of an asset as community or separate property is often the most legally significant question in property division. Separate property — generally assets owned before marriage or received as gifts or inheritance — is not subject to division. However, when separate property is commingled with community property, or when community funds are used to improve separate property, the analysis becomes complex.

Common questions include:

• "My name is on the title — does that mean it's mine?" Not necessarily. Title is not determinative of characterization under California community property law. What matters is when and how the asset was acquired.
• What if I used separate property to purchase a marital home? You may be entitled to a separate property reimbursement claim under Family Code §2640.
• What happens to my pension or retirement account? Retirement benefits earned during the marriage are community property subject to division via a Qualified Domestic Relations Order (QDRO).

Debt Division

Just as assets acquired during marriage are community property, so too are debts incurred during the marriage — regardless of whose name is on the account. This means both spouses may be responsible for credit card debt, loans, or other liabilities taken on during the marriage, even if only one spouse made those purchases or incurred those obligations.

Protecting Your Property Rights

Furubotten Law, APC handles property division with the utmost care. Denise Furubotten and her team ensure that every asset and debt is properly identified, characterized, and valued — so that you receive what you are entitled to under California law.

Last reviewed: May 2026 · Author: Denise Furubotten, Esq.